Florida's presuit notice law covers every property insurance suit - even one seeking a ruling but no money, a state appeals court held.
On August 14, 2026, the District Court of Appeal of Florida's Second District granted Citizens Property Insurance Corporation's petition and quashed a trial court order in a dispute that turned on a single word: "all."
Citizens had denied a hurricane damage claim on a residential policy, telling the homeowner the loss fell below his deductible. The homeowner brought in his own adjuster, who put the loss well above it, and asked Citizens to reconsider. It refused.
The homeowner demanded appraisal under the policy. Each side hired an appraiser, and the two agreed on the amount. That number was meant to be locked in with a binding Appraisal Award. But the homeowner refused to sign Citizens' form, accusing the insurer of "refusing to complete the appraisal process unless a release, masquerading as an appraisal form, is used."
He then sued - not for money, but for a ruling on whether the form added conditions his policy never contained.
Citizens moved to dismiss, pointing to section 627.70152, which makes written presuit notice to the Department of Financial Services "a condition precedent to filing a suit under a property insurance policy." The homeowner said the rule did not apply, because he wanted no damages and because his suit did not "arise under" the policy. The trial court agreed and let the case go forward.
The appeals court quashed that order. The statute, it noted, "applies exclusively to all suits arising under a residential or commercial property insurance policy." All suits means all suits, the court held - a declaratory judgment action that seeks no money is still a suit. It also concluded the case did arise under the policy, since resolving the fight over the form would require reading the policy itself. The court said it appeared to be the first to squarely decide the question.
The result is dismissal without prejudice, so the homeowner can refile once he sends the notice. For insurers and claims professionals, the ruling confirms a procedural gate: a policyholder who skips presuit notice can have the suit thrown out, whatever relief the complaint requests.
